Building a Strong Defense in Construction Accident Litigation

Baty Otto Scheer has defended regional and national construction companies, design professionals, consultants, general and subcontractors, materials suppliers, and laborers in high-exposure construction litigation for many years. Our team of litigators routinely addresses the difficult issues that may arise in construction accident lawsuits:

• Contract interpretation
• Risk transfer and avoidance
• Contractual and non-contractual indemnity
• OSHA compliance
• Construction defects
• Catastrophic injury claims
• Mechanics liens
• Warranty claims
• Insurance coverage
• Appeals

An Experienced Team

In 2018, nearly 10 of 100,000 construction workers were victims of fatal work injuries and another 195,600 construction workers sustained nonfatal injuries on the job (U.S. Bureau of Labor Statistics). When construction accidents happen, cause and accountability are the primary concerns. Baty Otto Scheer’s team works closely with its construction industry clients, from owners to superintendents to laborers, to contractors and subcontractors, as well as risk managers, to investigate and determine exactly what happened on the job site. If litigation or arbitration results, as it often does in these situations, our team is available to step in, having decades of combined experience litigating and arbitrating different types of construction cases. Frequently, construction accident cases are arbitrated rather than litigated in court due to the AIA industry-standard contracts that exist between plaintiff and defendant. 

We are proud of the strong relationships we have with our construction industry clients. If you are a construction company, contractor, or employee in need of guidance or representation in a construction-related legal matter, call Baty Otto Scheer.  We’re a team you can trust to resolve your case with your best interests in mind. Call to speak with an experienced construction attorney today.

Representative Experience

• Prevailed on summary judgment for a general contractor in a case arising from an explosion at a power plant that resulted in damages allegedly in excess of half a billion dollars.
• Obtained multiple defense verdicts in trials representing roofing manufacturers against allegations of defective product.
• Won on appeal to the Missouri Supreme Court a grant of summary judgment based on the Acceptance Doctrine on behalf of a contractor in a catastrophic personal injury accident suit.
• Obtained dismissal on behalf of a subcontractor installer of flooring in an Oklahoma hotel in a premises liability/improper construction personal injury case on the basis of the Acceptance Doctrine.

• Obtained a directed verdict in federal court for a professional engineer and his company in a personal injury suit alleging improper design of parking lot.
• Obtained a defense verdict in federal court in Kansas on behalf of a kitchen design firm accused of negligently designing under-cabinet lighting that caused items on the counter to catch fire, resulting in the destruction of a family’s home and the death of their pet dog.
• Obtained summary judgment on behalf of a general contractor accused of failing to ensure the safety of contractors at the work site.
• Obtained a defense verdict on behalf of a contractor accused of damaging a homeowner’s house and wood deck.